Q&A with John Reno, Eviction Attorney

Mr. Reno has engaged in Landlord / Tenant practice in the District Courts of Nassau and Suffolk for the last 20 years. He prides himself on prompt legal action and direct client service.

"Over ninety percent of our practice in the Landlord Tenant courts consists of evictions of tenants, primarily for non-payment of rent. We also assist landlords in preparation and/or review of leases and consultation on other matters affecting the Landlord - Tenant relationship.

We find that Landlords who contact us have often waited too long to commence an eviction, usually in an understandable effort to resolve problems amicably. Landlords need attorneys who will not compound the problem with unnecessary delays or expenses. For this reason, our main priority is immediate action. In most cases, we commence an eviction within 3 days of being hired and have our client's cases in Court within 7 to 10 days of being hired."

If you are a landlord with a tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
Please Note: Mr. Reno is an active practicing attorney with limited time and will do his best to respond to relevant questions. The high volume of e-mails may require the LPA to enter your question into the LPA's Landlord Q&A Forum.

Published 2007-12-22

Dear Mr. Reno:
I have a question regarding a situation where a tenant broke a lease (moved out of the property 6 months into a 12 month lease). The property, a single family home, is located in Philadelphia, PA.

The tenant has agreed to pay the balance due on the lease in weekly installments. I have been told that once I find a new tenant, I can no longer hold the person who broke the lease on the property financially responsible. Is this true?
My apology if you get this question twice. I sent an email to john@thelpa.com before finding this link.
Thanks in advance for your consideration.
Regards,

DC, Pennsylvania

A: Yes, that is a little-known fact, if you rerent the premises, your damages are "mitigated" (reduced) and you can not sue for "lost rent" if, in effect, you had no lost rent. If this tenant has offered to pay it, you can accept it. In Court, however, you could have problems. Of course, you could always sue for the portion of the remaining six months that the premises are vacant, and for any repairs or expenses to rerent. By the way, READ YOUR LEASE. Sometimes, this situation is covered and then those provisions will control.

Dear Mr. Reno:
My question, I had a judgment a former tenant was to pay several months of owed rent, he later filed bankruptcy. Is there any hope I could ever collect legally? Thank you,

Debra, Georgia

A: Yes, but it's about the same hope Ralph Nader has of being president. Step One: call Bankruptcy Court and ask if your Judgment was "Discharged." If it was, your dead. If not discharged, call me back.

Dear Mr. Reno:
I received a judgement in favor of myself from the small claims court for $970.00, (includes court costs), for a rent dispute. The judgement also stipulates a "no-appeal" feature due to the nature of the case. What are my options to collect if I don't hear from my tenant? If I know his bank information, can I attach his bank account? If so, how do I do that? Is there a time frame I have to follow? Thank you

A: You have left the landlord/tenant arena and are entering a new frontier known as "collections." You can attach a bank account. Call a collections lawyer or consult a collections website.

Dear Mr. Reno:
I have a tenant that lives in the condo I own in Houston, TX.
She was out of town, in Hawaii, when the washer in the condo malfunctioned. Apparently her brother who also lives in the complex was using the washer. He put in a blanket, I think he over loaded the machine, and then left. The washer then continued to fill for 12 hours and flooded my condo and 4 others.

The Association says I am responsible for the damage, it is a $10,000 deductible on the insurance policy. If the tenant was not there nor using the machine how am I responsible not the tenant or the brother. I rented to her not the brother and this sounds like a third party damaged the condos.

On another note no one actually saw the washer in question overflowing. It was assumed by the plumber when he turned on the washer and saw that it did not stop filling when the washer filled up.
Thanks in advance.

Brian

A: Well, I guess you could sue the brother, if he caused the damages. Tough to prove, though. As far as the Asso. goes, read the lease. Does it make you responsible for anything, negligence or not? They're suing you based on the lease; Does it make you liable? If not, challenge it. But you better be right, and you probably need a lawyer or you'll wind up with an eviction notice.

Published 2007-12-20

Dear Mr. Reno:
Our property management had a rouge employee that evicted our tenant without our knowledge. The PM has since been fired but now we are stuck with an empty house. Does the management company, Coldwell Banker, have any responsibility to us until we rent out our house? We are no longer going to use them because of this.
Thanks,

Shaun P., Arizona

A: It sounds like you have a case. Wait until the unit is re-rented so you can calculate the total loss of rent and re-rental costs. Also, read your contract with coldwell thoroughly, if there is one. There may be disclaimers of liability. That "Fine Print" is always a killer.

Dear Mr. Reno:
I am fairling new to the rental ownership business and have recently had a tenant skip out still owing me $500. Where should I start? I do know where they moved to. Thank you for any assistance.

Paul

A: You're probably in small claims courtville. Usually the limit is $3000-$5000, filing fee around $20. Caution: you may have to go to the Court near them, not near you. Ask the clerk. Also, its not enough $ to hire a lawyer. Do it yourself. It will be good experience for you.

Published 2007-12-10

Dear Mr. Reno:
I own a building with a restaurant that some one rents and i have 3 apartment above it so in the lease for the restaurant they need a certificates of ins and has to have $1,000,000 with property damage ins. . it has been one and half months and still no ins. can i make them close the doors until they get ins and they think that they do not need to show me that they have it.

Nancy Finlay, New Hampshire

A: It's not that simple, unfortunately. The fact that they have violated the lease only gives you the right to evict them, not go in and "close the doors" yourself. I would suggest that you obtain your own insurance, TODAY, and then start the eviction process. Follow the "TERMINATION" or "default" sections in your lease.

Dear Mr. Reno:
I have properties in memphis tn, and one my tenants says she is aparalegal and works for a attorney she made agreement verbally to help me manage other proerties for me since i was having problems with my current manager, she offerd to be able to evict any tenant that doesn't pay my rent, but now she rented for me 2 properties with our vebal agreement, as i found out thru a third party that she has been keeping my money and not keeping me informed about the rental activity no rent has been paid to me since september 2007 and every time i call her she won't answer the phone, but then i stareted to call her job and now she faxed me a letter that i am not allowed to call her at work for i was defaming her and i was harrasing her, she also acused me of not sending a proffesional insecticide person to get rid of spiders at her home and that she would sue me if i took any legal action against her, I don't know what to do can you give me some advice?

Eliud Garza

A: Sounds like this may be a criminal matter. You should make a complaint with the police for criminal cnnversion (which is like embezzlement.) Also, stop calling her at work, or you may be the one arrested for harrassment. Finally, (this may seem to go without saying) its time for you to fire your new property manager. Not in person, like Donald Trump, but in writing by certified letter. Good Luck.

Dear Mr. Reno:
I recently rented a condo to a couple in Manchester, N.H. I used the LPA lease- the lease called for payment of a security deposit($950) and the first month's rent $950 to be paid before the couple moved in on 12/01/2007. The couple gave me $950 in cash, signed the lease and moved in a few days before 12/01/07. The understanding was that the 12/01/07 rent was to be paid on or before that date. It is now 12/19/2007, and the rent has not been paid. I know I made a mistake in not obtaining the rent payment before I let them move in. I have spoken to both individuals who assure me they will send the money in promptly. My wife and I have reservations, and would like to send a demand letter/and or retain an attorney to begin eviction proceedings. If unpaid after 30 days they are non compliant with the lease, I gather. How should we proceed. Thank you.

Paul T., NH

A: Oops! Common mistake. Also, a bad omen when the tenants default on their FIRST MONTH'S RENT. You have eviction court in your immediate future. Hire your attorney today.

Dear Mr. Reno:
I HAVE 2 TENANTS IN SINGLE FAMILY HOMES.THE FIRST FAMILY I LET PAY RENT ON 15TH DO TO THERE PAY PERIOD.I CAME FOR RENT AND THE TENANT LAUGHED AT ME AND SAID MAYBE IN 2 WEEKS HE WILL HAVE THE RENT.THE RENT IS 1500 IN 2 WEEKS THEY WILL OWE 3000 FOR 2 MONTHS PLUS LATE FEES.I FILED EVICTION.I WANT THEM OUT PLUS I WANT TO GARNISH THERE CHECKS.2ND TENANT JUST MOVED IN NOV 1ST NO RENT DEC 1ST,THE TENANT SAID HIS PAYCHECK COMES IN MAIL AND THAT HE CHANGED ADDRESSES SO THE MAIL HASNT RE ROUTED YET.I FILED EVICTION ON BOTH TENANTS.WHAT ELSE CAN I DO?

WILLIAM BOUZA NEW JERSEY

A: Sounds like you're already doing it. You need to evict them, rerent, and then pursue money judgments in that order.

Dear Mr. Reno:
I made the mistake of settling the security deposit on the day the tenant left (i.e. agreed amount to repair damage and returned the balance to the tenant). I have since found additional damage needing repair. I have not signed nor given the tenant anything written regarding the condition of the apartment and disposition of the security deposit. What recourse do I have, if any, to get additional funds from the tenant for repairs? (There is a clause in the lease about returning the apartment to its original condition.)

Doug F.

A: Commence a small claims action . Whether or not your payment contituted a "Settlement" of the dispute will be up to a judge. I agree with you- there was nothing in writing. You deserve your "day in Court."

Dear Mr. Reno:
Our rental property was bought almost 3 years ago and took ownership in the middle of another tenants’ lease (she since moved, now new tenants in property for over one year in property). Rental agreement says heat is paid. Tenant has been averaging $13 day in propane costs ($377 month) and we charge them $1150. Is it legal to do an addendum as I have attached? Renters are willing to pay and did pay $200 cash and would said they would pay to help out (no amount was sent in contract). They are very great tenants.
When the least ends (next September), could we stay with this type agreement, or is it necessary/recommended to change to a different lease and require tenant to pay heating costs? The drawback with this is the pipes could freeze if they do not keep the propane tank filled.
We are obviously losing money on the deal but knew that would happen since we remodeled and upgraded from a 2 bedroom to 3 bedroom for the renters. It is our investment.
Your suggestions would be greatly appreciated.
Thank you and Happy Holidays!

Cathy, Minnesota

A: The addendum is fine, as long as the tenants agree to it (you can't force them to modify the lease.) As to your other question, I am a firm believer in putting the utilities in the tenants names, if possible, so you don't get stuck with a bill when things go bad. As to pipes freezing, that's a small risk, but when its cold, tenants usualy dont go without heat. They'll stop paying rent first!

Dear Mr. Reno:
I have a Tenant that refuses to give her home phone or emergency phone #'s isn't this a required for Office to have this? she also refuses to let me into her apartment when i send 72 hour notices out to do Preventive maintenance., isn't there a step to take.?

Sandra

A: Your requests may seem reasonable, and they are, but there is no legal requirement for a tenant to give his number, OR ACCESS TO THE DWELLING! That's what leases are for. Both of your requests would be enforceable if you had them in your lease.

Dear Mr. Reno:
After my tenant was evicted throu the court and I was awarded some of the rent, the tenant moved out. 6 mo later she is bringing me into court for items she said she left behind. Does she have to have proof that she did leave anything there? What is the statute on abandoned personal items?

Patti from Ma.

A: This is a frequent problem, but I don't think you have too much to worry about. Your tenant waited to long (she should have demanded her property in writing within 30 days, as a rule of thumb.) But it's a good idea to hold on to these items for as long as practible.. Six months? I think the judge is going to laugh at her, unless she has proof you stole these things.

Dear Mr. Reno:
On september 5th 2007 my truck was hit by another person who lives in my apt complex my truck was forced into my apt wall it shattered my mirror on my dresser, my tv and vcr, and a few other things close to 1,000 worth of damage. Bugs are coming in the wall it is now below freezing outside and the apartment mgr has done nothing but fight with the insurance company since the accident. I am still paying rent and I am now renting month to month do I have an option not to pay rent till they fix the problem? -

Greg H.

A: Definately maybe. The question is are the premises "UNINHABITABLE?" You mentioned the weather, are you having a heat problem? If there's no heat, you can withhold rent on that basis but if there's some heat, but not enough, you are in a grey area. The bugs are probably not enough, unless it's really bad. You might try paying half the rent, until its resolved. But you are headed to landlord/tenant court, and this sounds like a coin toss.

Dear Mr. Reno:
I raised the rent to this guy who is renting a room from me. from $500 to 650.00 (no rent control here.) anyway the guy treated me that he will take me to court this and that, HE SAID THAT HE WILL TELL THE CITY THAT THE ROOMS ARE ILLEGAL.

What CAN I DO?

EDUARDO BENARD

A: Throw'em out! He may change his tune about the rent increase after he's gotten his 30 day notice. (By the way, you left one fact out of your question. Are the rooms illegal? If so, you have to decide whether evicting this tenant is worth dealing with the repercussions.)

Dear Mr. Reno:
Our landlord has written in the lease that they can access to the water heater/storage unit without giving us 24 hours notice. The storage/water heater unit is in our garage and to access, they must open the garage to access it. Technically, the garage is our space….shouldn’t this be considered an area where they need to give us 24 hours notice if they are going to be entering through our garage to access this unit? They shouldn’t be able to just open up the garage and access the unit any time they want without prior notice? Isn’t this section of their lease contradictory to CA State Law requiring 24 hour notice.

They are also asking that we keep a walkway clear so they can access this space. If a car is parked in there, you can’t access it….it’s impossible to keep a clear path to the unit unless we remove the car. Are they in the right on both portions of the lease?
Thanks,

Ryan Nolz, CA

A: They can access the garage w/o notice, because your lease says they can and you agreed to it. I agree with you about the car, however. You should be able to park your car, but if they come knocking, you'll have to move it. If your not home when they knock, that's their problem.

Dear Mr. Reno:
I've a tenant moving in on 12/27/2007 and will be renting the house for $1650. Is there some sort of prorate formula? Thank you.

Jos, California

A: Some divide the rent by 30 days for a per diem. I think the proper method is 31 days (for December), $53.22 per day, 5 days (12/27-31) $266.10 for December rent.

Dear Mr. Reno:
I had gained a settlement from my ex-tenant in October.The settlement stipulated that she paid $300 for 7 months.Well as expected the first payment was made on time and she defaulted.Is it possible for me to garnish her wages or federal or state tax returns?

Ferdinand Lambert, New Jersey

A: Wages, yes, but first you have to sue and get a judgment. Tax returns, I don't think so; I've never seen that done unless someone owe's the government or owes child support

Published 2007-12-07

Dear Mr. Reno:
I live in GA. I currently have a tenant that lives in my townhouse which I rent for 800.00 per month he paid 300.00 dollars for the month of November and has not paid for the month of December I tried several times to contact him but have not been able to reach him.. I sent three letters in regards to non paymaent one certified still no response. Last week I went down to Fulton County Court house and filled out a form to have a letter sent out by the court house. If they should answer within the 7 days where does that leave me? Also if they leave the house prior to the court date how do I get money that is owed to me?

Sonya Dorcelian

A: It sounds like so far you're doing exaclty what you should be doing. I'm not familiar with the GA procedure, but whatever it is, follow it, whitout delay. I wouldn't worry about receiving their "answer". Unless they can prove payment, the Court will eventually issue a warrant for their eviction. After their out, file your judgment and then rerent the property as soon as possible. Then you can focus on collection efforts.

Dear Mr. Reno:
I have a disgruntled ex-tenant that has gone to the current tenant-buyer and told them that my house is going into a possible short sale next year because I owe more than it is worth. I want to tell the tenant-buyer that even if I owe more, just like a car that a person sells for less than the loan amount, I am still obligated to pay the difference from the price they purchase it for and the loan balance. My theory is to hold the money that is needed to pay the loan down in an interest bearing account instead of paying the loan down. I will pay the difference when they go to buy if they even do. Do I have to disclose to them my current loan balance? I think that just as long as I honor the contract and sell them the property I am fine.

Cindy, California

A: You're under no obligation to disclose it at this time, but it will come out as the process unfolds. The buyer will order a title search and at that point know at least the amount of the original laon. The balance of the loan will be disclosed at the closing.

Dear Mr. Reno:
Dear Mr. Reno:
When you have a free moment, I would like to learn more about your law practice. I am interested in possibly hiring an LT attorney to advise and potentially manage an LT issue. When time allows please let me know the extent of your LT legal practice in New York City, as well as the cost of services. I would also like to know whether your practice is limited to LT matters, and, if so, the reason for the selected field. Thank you.-

Lady Long

A: Sorry Lady Long, I don't practice in NYC any longer. I'm out in Suffolk County (too far to travel.) By the way, You need an experienced LT lawyer for the city. The Court's are very pro-tenant, it can be a very difficult battle.

Dear Mr. Reno:
Have a tenant who agreed to make specific improvements on a partially finishing cottage in lieu of rent during the first year of tenancy (Nov. 2005-2006) and thereafter pay $700. rent. The agreement is written in the lease. I live in Maine and was assured by him that he had made these improvements during phone conversations. He has paid his rent from Nov. 2006 on, but when I finally got the opportunity to inspect the property, I discovered he had made only a couple of the agreed upon improvements, thereby owing me quite a bit of rent for the first year. I have spent two months, now, trying to get him to agree to a new deadline by which he will complete the work and have issued a new lease for him to sign since his original 2 year term has expired. He continues to pay rent, but has refused to pick up the certified letter I have sent which includes the new lease and the terms for making the improvements he owes.

What are the rules I need to follow in this situation to collect the nearly $6000. in unpaid rent his failure to make improvements represents? Is the fact that I can prove that I sent him 30 days notice of lease termination by certified mail (even though her refuses to get it from the post office) sufficient basis for proceeding with eviction? Can you recommend someone in Delaware to handle this for me?

Thanks - LG, Delaware

A: These agreements for tenants to do repairs in lieu of rent never seem to work out. You can sue him, but you'll have your hands full if you try to evict him on this basis because he has paid the rent- he just didnt do the other thing. Unless your lease specifically says you can evict him in this situation (and it probably doesn't) the eviction court wont put him out. Your Ace in the hole: the lease has expired. Serve him a 30 day notice. Then you can lay down the law if he wants to stay.

Dear Mr. Reno:
We had a tenet who signed a lease for one year. A few months into lease the tenet called to say that job was terminated & tenet was being transferred by employer out of state. We saved the phone message. The tenet wrote that as of now the lease was canceled, put stop payment on check & vacated apartment. Tenets employer said they have no transfer program. We found tenet at new location 20 blocks away. Under NY State law what are our options. Instructions. We would like to take tenet to court. What could we legally ask for? The tenet was like Joan Crawford with Betty Davis as a twin sister. THANKS,

John Kane NY

A: Once the tenant has vacated you cant take them to landlord-tenant court- you can only go to small claims court. You can get a money-judgment for rent owed, although I don't know if you'll be able to collect from this tenant or Ms. Crawford or Davis.

Published 2007-12-05

Dear Mr. Reno:
I have a lease for a house signed by two tennants, who are single.one moved out and refuses to pay his half of the rent. the lease is for one year, they have four more months left on the lease.because of this i have been receiving my rent late, the 9-10 day. this month she gave me a check for half the rent and said he will not pay any more. she realy dosen`t want to move with her 3 kids.my question is what should i do?,what can i do ? by signing a lease for one year are they obligated to pay to the end of the lease term? thanks for your time.

Bob, in Conn

A: Very common problem. If you have one lease, than you have one "tenancy" consisting of two people. The whole rent must be paid or you can evict the tenancy, both of them, (even though one is paying his half.) That's what you need to do. If the surviving tenant thinks she can tell the Judge she's paid "her half" she's in for a rude awakening in Court.

Dear Mr. Reno:
I own a small Trailer park in Wyoming and for the most part everything pretty much runs it self. My question to you is what is a landlord suppose to do when a tenant point blank refuses to pay the late fees, write's nasty letters to you and just plain refuses to do anything that you have ask them to do? Thank you for your time.

Heidi Fife, Wyoming

A: Usually, its not practical to evict for late fees, although it is possible. You can always, however, make payment of the accuminlated late fees a condition of renewal of the lease. As far as the letters go, you can't evict for that either, but that's a decision you can make at lease renewal time.

Dear Mr. Reno:
My Tenant has a guest in an apartment in my house that he rents and he will not leave. He claims he paid the rent and has his rights. I never received any money from him. He moved in while I was away( I live on the property) and has a dog who is destroying the paint and windows, and barks and growls at every passerby. I live in New Hampshire. He says he won't leave. My tenants have a clause in their lease that they may not sublet or rent to a roomate without my permission. Can I ask the police to get him out. ? I gave him and my tenant a letter telling them that he had to go in 7 days, and he began yelling at me . What next?

Sheila Bay-Harvey, Temple, NH

A: The police wont help you. He's a guest of the tenant. You'll have to evict the tenant. You say its against the lease. Most leases give you the right to terminate the lease if theres a default. READ YOUR LEASE, and act accordingly, but against the tenant- not the guest.

Dear Mr. Reno:
Hi my friend is living in a rental house. it was broken into yesterday and the front door kicked in and damaged smashed to the floor. other people on street also broken into,.whose responsibility is it to fix the door. her brother nailed plywood up for the night as the landlord wouldn't come over. landlord brought 2 doors by today and said it was her problem and to see if one would fit. she doesn't know how to do this. whose problem is it? thanks!

Harriet, Tennessee

A: She needs to read her lease. If there's no lease, or if the lease is silent, then it's the landlords responsibility because it's a structural repair. (By the way, how much $ are we talking about? Your friend may be right, depending on her lease but does she really want to go to war with the landlord over a door?)

Dear Mr. Reno:
Location: Queens, New York
Scenario: The tenant has issued a notice of intent to move-out and vacate the premises within two (2) months. The notice was issued via email from an unauthorized third party (not familiar to the owner/landlord), acting as "agent" on behalf of the tenant(s). The notice is not signed, the third party is not an attorney, possibly a family member located in another state. The owner/landlord and resident(s)/tenant(s) -- husband and wife -- are the only parties named and privy to the lease agreement. The tenant(s) are current with their rental payments, but have requested the use of a security deposit in lieu of last month's rent (presumably January 2008).

The tenant was provided with a signed month-to-month lease agreement in July 2007, the lease agreement was conditionally provided with an annual term intended to convert to a standard one year lease agreement within six months, in or about October 2007. The tenant(s) have not signed an annual lease agreement, but the terms and conditions of the month-to-month lease specify the intent of conversion.

Advice: *Please advise whether the notice of intent to move issued by a third party is legal notice.
*Please confirm the proper procedures to avoid an impending violation of lease agreement.
*With the full intention of the lease agreement conversion written within one agreement, does the tenant have a signed month-to-month agreement (07/2007-06/2008) or a converted annual agreement (10/2007-09/2008)?
*In order to facilitate an order to vacate (or legal eviction), please confirm whether the December 2007 rent check should be deposited.
Thank you for your professional feedback and instruction.

Sincerely, Lady Long

A: The notice is valid. This is a month to month, the option for a one year lease was never exercised. Deposit the December rent. Do not allow the tenant to live out their security. That is usually a big mistake. Notify them that if the january rent is not paid, non-payment eviction proceedings will commence at that time.

Dear Mr. Reno:
I live in Indiana. We went to court during the summer to evict a tenant. We received a judgment of $3,000.00 in past rent and damages. Of course, the tenant did not show. However, we had her belongings in the house and she called and threatened us within a week of going to court. In Indiana we didn't have a choice but give her the belongings. In return, she went to the court house and signed an agreement to pay $15.00 per week until the judgment is satisfied. That lasted 4 weeks. Now we cannot find her. Do you have any suggestions on how we can get an address on her? Inexpensively? Thanks

Angie and Tim B

A: Finding a person is a job for a P.I., not an attorney. I do believe the internet has web sites though. Try "missing persons."

Published 2007-12-01

Dear Mr. Reno:
My tenant stopped paying rent back in June/2007. She owes for July, August, September, October 2007. I finally got the eviction and she was evicted on October 29th. I have two judgements against her (July & August on one judgement and September & October on the other). I know I can file for garnishment of her salary but I don't think she's working. Is there anything I should do in the interim to try to recoup the money she owes? Is there a way to file for a lien against her tax return? I need to act soon since the calendar year is almost gone. Any help you can provide would be greatly appreciated. - Warren HillI had a tenant move out before her lease expired. I had her served, but was not permitted to go to court. I had to start with Mediation. How could I have included the charges for the server and the processing fee? The mediators talked about the non-refundable cleaning fee, and the security fee, which we used for repairs. We ended up with 1/2 the amount she owed to be paid in 90 days.

Theresa McDaniel, Prescott, AZ

A: Your best chance of recovering these expenses is to expressly state that in your lease. Most leases are vague in this regard. Now that you've experienced these expenses, list them specifically and say that these expenses will be "deemed added rent" if incurred by the landlord as a result of the tenant's nonpayment.

Dear Mr. Reno:
My Question is I gave this tenant who rents a room for me in my house a notice of raising his rent $150.00, since he moved here 2 year ago. I never raised his rent. There is no rent control in Daly City CA. Is this legal? The guys responded that he will take me to court and this and that. what is your suggestion? And where can i get more help in this area if I need to?

EDUARDO BENARD, CALIFORNIA

A: Forcing the tenant to pay an increased rent is a complicated, technical procedure and varies from place to place. My suggestion to landlords is to give the tenant the option: Pay the increased rent, or be served with a Notice to Vacate. You always have the right to terminate , (assuming you're not within a lease term). That's your Ace in the hole.

Dear Mr. Reno:
My resident (HOC – a form of Section 8) played around /w her portion of the rent and in Sept was $19 short to which I also added a $25 late fee. In Oct I added another late fee due to not making up the Sept deficiency which was not paid. In Nov she deducted approx $214 for some work her father did in replacing closet doors that her children had torn off their tracks and a snake biologist to come to the home due to a snakeskin that was found on the property. This was done without calling or consulting me. I sent her a summary of the charges and applied rent paid to all of the deficiencies. I asked her what her payment plan would be – sent certified mail. She has not responded and does have until the 10th of each month to pay rent. Should I give her a pay or quit now or on the 11th if she has not included all the past due amounts in her payment or supplied a payment plan. Are there any other options? Thanks.

Elena, MD

A: She can't bill you willy-nilly for every expense that crosses her mind. Those rent offsets would not be allowed in Court, although, it will be a shame to go there over such a small amount. You could offer her $107 (half) as a compromise .

Dear Mr. Reno:
Hi my name is Jennifer Schoenfelder and I am from Minnesota. I rent out a mobile home on private property. My husband and I own both the land and mobile home. My question is: What questions are you allowed to ask future tenants in regards to deciding whom you may rent to. I always thought you could not ask them anything, but when looking on the LPA website I see it is very different or thorough. I thought you couldn't ask for privacy or discriminatory reasons. I hope you understand my question. I hope you understand my question.

Jennifer Schoenfelder, Rochester, Minnesota

A: I believe that the Civil Rights Act bars discrimination in connection with housing for race, color, creed, physical handicap and marital status. Those are the areas to avoid.

Dear Mr. Reno:
I recently evicted some tenants for non-payment of rent and they were immediately evicted from the property by court order. I then tried to seek monetary judgment and the judgement was awarded to the defendants instead. I do not know what happened there. is this normal?

msladyg

A: Sometimes it gets separated because the courts don't hear money judgment claims unless the people are present in court or were personally served. The parties sometimes later appear in small claims to settle money claims. (I don't know why you lost- I wasn't there.)

Dear Mr. Reno:
I own a home in GA that I am currently renting out. My tenants signed a twelve month lease with no provision for them leaving early. After three months they have moved out on me. Can I get the remaining nine months rent from them? If so, how do I go about it and is it usually successful?

Joel Holmes, Parkland, FL

A: This is a very controversial subject. My advice to landlords is to rerent the unit at your earliest opportunity, then commence an action for all of the months that the unit was vacant. (If you want, you can even wait until the year is up in case your next tenant leaves early.) You should be able to recoup your losses while the apartment is vacant. If you sue now for the whole nine months, you may be ruled premature, unless your lease specifically provides for an acceleration of the whole year, and even then it's very tricky.

Dear Mr. Reno:
I have tenants that never pick up their certified mail. Can I implement a fee of lets say $5 or $10 for unclaimed certified mail? I would like to get paid for the hassle of continuing to have to pay for certified mailings (as required in my leases), just to have to be bothered 20 days later to drive back to the post office to pick up the unclaimed items. I am normally not home during the day due to a full time job, so I normally do not get the deliveries returned and have to drive back to my local post office to retrieve them. I would like it to read as such: A fee of $5 will be charged for all certified mailings left unclaimed from the United States Postal Service. If certified mailings are returned, undelivered, tenant will be responsible for a $5 service charge for the Owner's inconvenience of retrieving the undeliverable item. This fee may be waved at the discretion of the Owner (due to vacations, etc), but any waving of the fee does not constitute waving of this clause as a whole.

Phillip Hauenstein, West Seneca, NY

A: Although I've never heard of it, I don't see any reason why your can't put a charge like this in your lease, if this is a problem for you. (By the way, now I've seen EVERYTHING!)

Dear Mr. Reno:
I rented an apartment to three tenants that are named on the lease, can I sue only one tenant in small claims court for all of the damages and overdue rent because I have very little chance of collecting anything from the other two? I have the clause that "each tenant is jointly and severally liable for the payment of rent and performance of all other terms of this agreement" Also do I have to send the itemized security statement to all three or can I send it to the one(and occupants) I am planning on bringing to court? Do I send it as three separate letters, ie. John and Occupants, Joe and Occupants, and Jeff and Occupants or one letter to John, Joe and Jeff. I do not have their new address but I do have one's work address. I was planning on sending it to their former address(my property) and to the one work address. I want to get it right so it doesn't get thrown out in court. I gave the tenants a three day notice to pay or quit by September 10. They did not end up leaving until October 3. They said up until September 23 that they were going to pay the rent and stay. I received no notice that they were leaving. The only thing they did was leave a voice message that they had moved out on October 3. They have a lease that ends on January 30, 2008. I re-rented the apartment on November 1. Can I sue for the month of October even though I gave them a notice to pay or quit since they kept saying they were going to pay and gave me no notice that they were leaving? -

James, NY

A: Answer: #1: You don't have to sue all three if you don't want to; #2: You only have to send notices to whoever you're intending to bring to court; #3: Yes, you can sue for October, even though you asked them to be out before October and even though they were only there until 10/3 because they were there for part of October and that makes them liable for the whole month.

Dear Mr. Reno:
I had a renter that stopped paying. By the time the eviction process forced the tenant to evacuate the property, the rent owed was about $2000. The ex-tenant have not established another address which prevents the execution of a court ordered property sale to recoup the funds. Pennsylvania does not have a garnish law therefore I do not have that option. Attempts to add the negative comment on the credit report has not happened. Are there any additional options available under Pennsylvania landlord-tenant laws that will assist with rectifying this issue?

R Wayne

A: Probably more than 75% of landlords who evict do not collect on their money judgments. So you are not alone in your situation. The first thing we usually do is freeze their bank account. Unfortunately, they're usually broke. There's a reason these people got evicted for not paying their rent.

Dear Mr. Reno:
Do you have any advice for collecting a judgment when the former tenant has passed away in another state. The judgment is for nearly $17,000. I hired an attorney who was going to try to collect for 25% but he wasn't able to get anything and now is sending me bills to cover his out of pocket costs.

Lisa Badour

A: Yes, my advice is to move on. You've already tried harder then most judgment holders. Time to cut your loses.

Published 2007-11-30

Dear Mr. Reno:
I will be purchasing a two flat shortly,both are rented.The 1st floor tenant is thinking about moving out because 2nd floor tenant plays loud music and has Pitbulls.Neither tenant has any sort of lease or contract due to the previous owner.1st floor tenant is by far the better tenant,beacause they are much neater and have a slightly higher rent.I need a suggestion how to either write in contract for tenants from a previous owner. -

Ron Lillie Woodstock, Ill.

A: Draw up two leases. Prohibit loud music in both. You can't force them to sign it, but if they don't, you can give them notice to vacate. Myself, I'd leave well enough alone as long as they're paying their rent. There's a cost to evict- you lose interim rent, have re-renting expenses and legal fees. But, if the Rock-n-Rollers are driving away the other tenants out, you need to evict them.

Dear Mr. Reno:
Tenant finally moved out after legal notice to vacate by 11/30 but has left two tables and has not returned the keys to me. Can I change the lock on the door? Can I access the apartment and begin cleaning it up? Do I need to continue this legal action, next thing being notice of court date to be served on him? -

Evelyn, New York

A: If all he left is 2 tables, you can reasonable concluse he is vacated, reenter and start clean up. (Why don't you leave the tables there until you rerent in case he returns?)

Dear Mr. Reno:
I have been a landlord for the past year, in this year my tenant has been late with the rent payment every month. How do I get her out of my property, what are the necessary steps. -

Elena Matias, New Jersey

A: If you had a lease with a good late charge, that might discourage it. Otherwise serve a 30-day notice for tenants to leave.

Dear Mr. Reno:
I gave my tenants 3 months to leave because I am giving the house to my daughter. The lease I have is month to month, and the tenants paid a deposit, and last months rent. Do they need to give me 30 days notice or can they leave anytime during the 3 months? For instance, its December 10th, (the first of the 3 months) they’ve already paid December and now they found a new place to live which they will be in Jan 1. Do I need to return the last months rent that they paid upon signing lease? Thank you. -

Charles, Ca

A: You're probably on solid ground, but I dont know exactly what your notice said. Did you specify a date 3 months out, or did you leave it vague. By the way, they're giving you 20 days notice. Do you want to end up in small claims court over ten days?

Dear Mr. Reno:
I have tenants that have consistantly been late on paying the rent. I have filed at least 6 times for non-payment of rent at the County Courthouse and they have always settled with me prior to appearing in court. We are going on the 3rd year now and my question is, for habitual non payment of rent; is that grounds for not renewing their lease? They "know their rights" and will fight me. They would like to renew their lease for another year and have notified me via USPS 3 months in advance. I do not wish to renew their lease. I fear I will tell them, and they will never pay rent again. I have 2 months security and again wish not to renew their lease. Thank you in advance for any feedback you may provide. -

Cindy Arko

A: So don't renew it. No one has a gun to your head. Before the lease expires, give them notice to vacate. Problem solved.

Dear Mr. Reno:
If I know my tenant is smoking marajauna, may I go into the apt when he is not there and find proof without permission?

Scott

A: (Who do you think you are, Dirty Harry?) Your rights, if any, to enter the apt. depend on your lease. As a general rule, if your lease doesn't give you that right, or if there's no lease, then you are tresspassing.

Dear Mr. Reno:
I had my first floor unit vacated on September, by October 5th I had a person interested who was relative of a good friend she said she had a Section 8 voucher and brought me a copy of it that was expired on August, I told her she needed to go back to the Housing office and get a new copy, she came back with the same copy with a new date and a signature next to it. I told her to give a retaining of a $100 while I confirm the voucher. I called the city where the voucher was coming from it was from another county and they instructed me to fill out the pre-lease and get the rent permit. So I agreed in renting the unit to her and she gave the $100 on October 8. It took me two weeks to have the unit ready for the inspection, every day she was coming in to check the renovation work and telling me how happy she was of moving to the house. The housing department called me that her case was being transferred to the my local city then on October 29, they came to my house and did the inspection and say they were going to send me the papers by the October 31. The “new tenant” asked me if she could move in two boxes that she had in her car and leave them in the hall, that was about 7pm I said OK but never gave her any keys, she promised me that she was going to give the deposit before November first and then She could move in the rest of her things, I went out that night and came back around midnight I never when to checked the hall until next morning when I went to the unit I opened the door and found out she had to move already there was a man in there who said was her boyfriend and mention that she was going to be back soon to talk to me and pay me. I could not see her that whole day, the 3rd day I called the housing department and they said it was a misunderstanding that she had no case, she had lost her case because she had been evicted from her previous landlord. I went to talk to her and she said was true she had no case but she still wanted to keep the unit, promise to pay but never pay, within a week she had her sister, two small kids, a boyfriend, her sister’s boyfriend and a tenager living in the premises without keys one would stay inside in order to open the door. I went to talk to an attorney and said that I could remove her because she was actually trespassing and was not my tenant, when I went to the police they did not want to help me because they said since I had already let pass a week she had become a tenant at will. Later I spoke with her previous landlord and he said that it took him 3 months to get rid of her and that she used the same trick with the voucher and stop making payments. I finally evicted her and at the end of the month she moved out. We still have court hearing on Dec 13 but now she filed a counter-claim saying that I try to kill her, I pushed her and beat her and I lied to her because the apartment was not in good condition (I have my rent permit from the city). She has another woman who coach her all the time and they said she will be her witness in court that she paid me. With the whole thing coming out in two days should I hire an attorney? Can just my husband and I confront her lies in front of the judge and collect the monies dues? Thank you

A: Whether or not to hire an attorney is a dilemma every landlord faces. Are your chances better with an attorney? Of course. Can you still win without one? Maybe. She sounds nuts, but if a crazy person has a witness who will back up their lies, that can present a problem.

Dear Mr. Reno:
I have a tenant that move in on November 15th, 2005, she paid 1/2 of the month rent, plus a security deposit of $1000 (one thousand dollars).- On the first of each month after that she paid the full month rent, y continue for two year, she was a good tenant, always paying on time no problem.- Now, after two years on July 2007, gave notice she was moving out, her last day was going to be August 30th, but she did not move then, she told me to give her one more month, that her last day was going to be October, She finally move on November 15th 2007, she continue paying her rent for the months of September, October & November, I gave back her security deposit of $1000 + 5% per year interest.- My question is Do I have to give back half of the rent for the month of November since she move out 'till the 15th, and I had a prospective tenant ready to move in on October 1st, but I couldn't rent the unit on because she was still there, I think I have to, but my friends tell I don't have.- Please answer my questions I will greatly appreciated. Thank you. -

Martha Marin

A: Technically, she owes the whole month of November. Unless she can prove that you agreed to pro rate November, she does not have the right to a refund of half the month.

Dear Mr. Reno:
Is it possible to evict one tenant from a building when two tenants are on the lease? I have a situation where two unrelated adults signed a lease and one is not making payments. The one who is responsible will agree to take over the lease and pay the full amount (sign a new lease), but wants the other person out. Can I evict just one tenant and leave one in place? We have asked her to move out, but it does not appear she will leave willingly.

Tim Dawson, Minnesota

A: NO CAN DO. You have one lease and one tenant. (Your one tenant consists of two people.) You can't evict half of your tenant and keep the other half. If one tenant prevents the rent from being paid, you'll have to evict them both. (You can let the good tenant come back later, if he's willing, but he'll have to vacate first.) Sorry.

Dear Mr. Reno:
I have a section 8 tenant that damaged the kitchen cabinet doors to the point she torn three doorss off. She tried to claim they just fell off but you see where the nails and screws were bent . I confronted her about and asked if the kids did it. The irony of it all was she had called me to fix the toilet and that was how I found out, she did not call to fix the cabinets. Anyway, I wrote a letter with pictures from pre-move in showing the cabinets in good condition. I gave her a copy and her section 8 counselor asking her to have fixed the doors and I would bring a contractor out and she would pay, she became very angry and started screaming and saying she has never lost her deposit she always leaves house better and she would get it fixed prior to moving. That was back in July and she still has not fixed it she said sect 8 would pay which they said they won't. My friend suggested sending a certified registered letter demanding her to fix within 30 days or be evicted and copy the section 8 people, is this legal? thank you for your help!

Ed Forsythe, SC

A: You can do that, but only after the lease is up. Their cabinets will not be grounds to break the lease. Another possibility is that you can notify her that when her lease expires, it will not be renewed unless the repairs are made.

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